Section 350.190  Employer and Employee Contests before the Administrative Law Judges of the Hearings Division

a)         Any employer to whom a citation or notice of proposed penalty has been issued may, under Section 100 of the Act, notify the Division Manager in writing that the employer intends to contest the citation or proposed penalty before an Administrative Law Judge. The notice of intention to contest shall be postmarked within 15 working days after receipt by the employer of the notice of proposed penalty. Every notice of intention to contest shall specify whether it is directed to the citation or to the proposed penalty, or both. The Division Manager shall immediately transmit the notice to the Chief ALJ in accordance with IDOL's Rules of Procedure in Administrative Hearings (56 Ill. Adm. Code 120).

b)         Any employee or representative of employees of an employer to whom a citation has been issued may, under Section 95 of the Act, file a written notice with the Division Manager alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable. The notice shall be postmarked within 15 working days after the receipt by the employer of the notice of proposed penalty or notice that no penalty is being proposed. The Division Manager shall immediately transmit the notice to the Chief ALJ in accordance with 56 Ill. Adm. Code 120.

(Source:  Amended at 46 Ill. Reg. 3518, effective February 15, 2022)